Controversial blogger Cyprian Nyakundi has lodged a complaint with Director of Public Prosecutions Noordin Haji urging him to declare his interest in the Ksh 17.6 million fraud case.
Nyakundi in a letter seen by K24 Digitaladdressed to the office of the DPP is demanding answers on why Haji was reluctant to terminate the case against him that he was cleared by the High Court in March this year.
“I am hereby complaining about the conduct of the DPP in criminal case number 144 of 2020 before Milimani law courts. I would like to know what is the interest of the ODPP in this matter that he can act this unprofessional,” posed the blogger in his letter.
He has also questioned what exactly DPP Haji requires to have him give consent in order for the case can be terminated since the High Court has already rendered its decision on the case.
The move by Nyakundi to petition the DPP demanding answers on his actions to delay in giving his directions in the matter comes after, on Wednesday during the mention of the case, his assistant informed the court that Haji is yet to give consent to withdraw the case.
Nyakundi through lawyer Dudley Ochiel said six months have lapsed and the DPP has dragged his feet in terminating the criminal charges against Nyakundi and three others yet the High Court has declared his prosecution an illegality.
In the case, blogger Nyakundi and three others are facing charges of ksh17.5 million extortion in the Victoria Bank scandal.
Trial Magistrate Zainab Abdul said pursuant to High Court decision that declared unconstitutional the way the evidence was obtained in the matter the DPP ought to have acted in compliance with superior court decision.
Justice Antony Mrima, on March 11, this year observed that DCI had entrapped the blogger by illegally obtaining the evidence against him. The judge further stated that the evidence was not admissible in the court of law.
As a consequence of Justice Mrima’s decision the case against Nyakundi and others collapsed.
Following the finding of the High Court, the DPP was required to immediately communicate the lower court advising it to discharge the suspects.
The DPP informed the court that he has not given consent to have the suspects discharged but indicated that they filed a notice of appeal to challenge the orders of justice
In a brief ruling, Abdul noted that the DPP has slowed down in complying with the High Court decision and gave him 14 days to act accordingly.
Early last year, Nyakundi and Nyamweya were charged with e touring Sh 1 million from Victoria Commercial Bank CEO as down payment of an earlier demanded amount of Sh 17.5 million as pre-condition for pulling down several libellous articles they posted in their blog on diverse dates between September 10, 2019, and January 15, 2020.
The two are alleged to have committed the offence on January 20 last year at Westgate Mall in Nairobi jointly with others not before court with intent to gain.
The police said the money was recovered after a successful investigation on extortion, blackmail and false accusations was expected to be used as an exhibit.
Abdul required the prosecution to act by September 15.
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